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HARTNETT v. PAPA JOHN'S PIZZA USA, INC.

No. CIV 10-1105 JB/CG.

912 F.Supp.2d 1066 (2012)

Timothy HARTNETT, Plaintiff, v. PAPA JOHN'S PIZZA USA, INC., Defendant.

United States District Court, D. New Mexico.

October 29, 2012.

Attorney(s) appearing for the Case

Patrick L. Fogel , The Fogel Law Firm, Albuquerque, NM, for Plaintiff.

Donald Jay Summer , Charlotte A. Lamont , Littler Mendelson P.C., Albuquerque, NM, Peter Prynkiewicz , J. Mark Ogden , Littler Mendelson, P.C., Phoenix, AZ, for Defendant.

MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on Defendant Papa John's Motion for Summary Judgment Re: Plaintiff's Breach of Contract Claim, filed August 29, 2012 (Doc. 92)("MSJ"). The Court held a hearing on October 15, 2012. The primary issues are: (i) whether a reasonable jury could find that Defendant Papa John's Inc., by its words and conduct, modified an express at-will employment...

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